Legal Opinion
Simms v. Baton Rouge Coca-Cola Bottling Co.
Louisiana Court of Appeal
Decided May 30, 1984No. 83 CA 0691PublishedCited by 2 opinions
1Opinion of the Court
SHORTESS, Judge.
Joyce Simms and her husband, James Simms, sued the Baton Rouge Coca-Cola Bottling Co., Ltd. (defendant) in both tort and redhibition to recover damages they allegedly incurred when Joyce Simms drank a contaminated Coca-Cola.
They allege that on Saturday, September 25, 1982, Joyce Simms (plaintiff) purchased two bottles of Coca-Cola from a Baton Rouge convenience store. After taking one or two swallows of her drink, plaintiff became aware of a “bitter” taste and a “grainy” substance in her mouth. She immediately became nauseous and ill.
Plaintiff was immediately taken by her son,…
2Cases cited4 opinions
- Paul v. Hardware Mutual Ins. Co.Louisiana Court of Appeal · 1971
- Harrison v. Gulf South Beverages, Inc.Louisiana Court of Appeal · 1983
- Stewart v. Barq's Beverages, Inc.Louisiana Court of Appeal · 1983
- Blount v. Gulf South Beverages, Inc.Louisiana Court of Appeal · 1983
3Cited by2 opinions
- Simms v. Baton Rouge Coca-Cola Bottling Co.Louisiana Court of Appeal · 1985
- Simms v. Baton Rouge Coca-Cola Bottling Co.Supreme Court of Louisiana · 1984